KALLU BABU ROHATGI Vs. RAJ KUMAR ROHATGI

JUDGEMENT

(1.) THE plaintiff, Sh.Kallu Babu Rohatgi, filed the suit for partition in respect of the property bearing No.A -164, Hari Nagar, Ghanta Ghar, Delhi (hereinafter referred to as the Suit Property ) against the six defendants, namely, Raj Kumar Rohatgi, Vinod Kumar Rohatgi, Parmod Kumar Rohatgi, Subhash Chand Rohatgi, Manju Rani Rohatgi and Rekha Rohatgi.

(2.) BY order dated 25th April, 2011, injunction order was passed restraining all parties to the suit from creating any third party right, title, possession and construction in respect of the suit property. The matter was also referred to the Delhi High Court Mediation and Conciliation Centre for settlement by negotiation. However, it appeared that the settlement could not be arrived at between the parties and the parties were directed to file the written statement.

(3.) IT is also stated that Smt.Anupwati Rohatgi also died in Delhi on 27th January, 2000 and as of today, there are five sons and two daughters of late Sh.Phool Chand Rohatgi. During her lifetime, Smt.Anupwati Rohatgi along with the plaintiff and the defendants entered into an agreement/family settlement dated 26th June, 1992. It is alleged by the plaintiff that late Sh.Phool Chand Rohatgi stated to have executed a Will dated 20th September, 1981 in respect of the suit property bequeathing the property in his wife Smt.Anupwati Rohatgi. By virtue of the same, Smt.Anupwati Rohatgi became absolute owner/successor of the suit property. In view thereof, she and all other legal heirs of Sh.Phool Chand Rohatgi had executed a family settlement and agreed that all the five sons and two daughters and the widow would have equal rights in the suit property and it was agreed that the property would be sold and proceeds thereof would be divided among all eight co -sharers of the suit property and the expenses which were to be incurred at the time of disposing of the suit property would be deducted from the sale proceeds before distribution amongst the co -sharers.